In addition to participating in the workshop, I am inviting you and other members of the public to submit written comments to FRA by June 5, 2009, on issues that should be addressed in the Interim Guidance and specific recommendations on the criteria to be used in evaluating grant applications. FRA has created a public docket (Docket No. FRA-2009-0045) for the receipt of written comments. Please visit FRAs Web site at: www.fra.dot.gov/us/content/2236 for information regarding the various ways in which you may submit comments to the public docket.

Please note, additional sessions to aid states with the mechanics of applying for ARRA funds will be scheduled after these workshops, as will informational sessions for industry, labor, intergovernmental and other interested parties.

I look forward to working with you over the coming months to ensure the grant programs funded by ARRA are implemented successfully.

Because both railroad businesses and passenger rail operators hate uncertainty, and because rail accidents tend to be quite serious and often, when passenger trains are involved, result in injuries (although seldom fatalities), there has been increasing resistance to new or expanded commuter rail operations where freight service is also involved.

The Congress addressed this problem in a 1997 law, the Amtrak Reform and Accountability Act, which required Amtrak to indemnify freight railroads against liability, even in the case of gross or willful negligence by the railroad, but set a cap of $200 million per incident on this indemnification; Amtrak was then able to purchase insurance for that amount.

Some freight railroads have maintained that this is adequate protection, and that they are automatically covered by the act as Amtrak is, when Amtrak is the contractor actually running the trains, as is often the case at commuter agencies. But others, like CSX, have been adamant in demanding 100% liability indemnification.

The GAO report noted the confusion on this issue, and also observed that the $200 million limit had not yet been tested in court. It also observed that indemnification by the taxpayer against gross and willful negligence by any private entity, rail or otherwise, was contrary to legal tradition under U.S. law, and that others have noted that such indemnification can lead in fact to reduced rail safety standards.

Photo: NTSB

Wreck of Amtrak Train 52 Apr 18, 02

Industry observers point to the April 18, 2002, Amtrak Auto Train accident on CSX track in Northeast Florida, caused by a kink in track that had been inspected just hours before by a CSX crew. Later reports said that a CSX crews tamping machine had broken down the previous fall when major track work was done, where the track work was then finished off by hand, using inadequate ballast to keep the welded rail from moving;

Shortly before the wreck a heavy freight train (coal) used the track. Immediately thereafter, an Amtrak passenger train used the same track. The trains driver saw a misalignment on the track ahead and applied the brakes, but could not stop in time, and the train separated and then derailed just as some passengers were walking between those cars. Despite the contribution of CSX maintenance practices to the accident, as determined in the NTSB report, Amtrak had to pay 100% of the damages resulting from the ensuing lawsuits, which amounted to more than $100 million.

CSX maintains that their insistence on 100% indemnification is fair, because the presence of the passenger train on its tracks is the sole reason why any risk to passengers is introduced at all; others contend that indemnification can lead to sloppy maintenance work, if the railroad knows that it can not be sued, no matter what.

Here is the conclusion of the NTSB report:

Probable Cause:

The National Transportation Safety Board determines that the probable cause of the April 18, 2002, derailment of Amtrak Auto Train P052-18 near Crescent City, Florida, was a heat-induced track buckle that developed because of inadequate CSX Transportation track-surfacing operations, including misalignment of the curve, insufficient track restraint, and failure to reestablish an appropriate neutral rail temperature.

Relative safety: the raw numbers:

Over the past decade a total of 98 passengers and crew have been killed while traveling by Amtrak; of these, 47 were at a bridge near Mobile, AL, knocked out by a barge using the wrong channel; a total of 73 of the 98 deaths were attributable to non-Amtrak faults, such as trucks across grade crossings. During the same period of time more than 400,000 people traveling by car or bus have also been killed in accidents; 386 have died in commercial aviation crashes.

FRAMINGHAM, MA, MAY 14 --- Commuters that take MBTAs rail service from Framingham to Boston, a section owned by CSX, have long experienced frustrations with frequent delays and unreliable service, according to a story in the Boston Globe by reporter Connie Paige.

One commuter, Dominic deSantis, who says hes glad to have a train to get to work, but he gets frustrated with its spotty service, and still has not forgotten the many icy mornings last winter when he waited in the drifting snow for the train to chug into the station long after the scheduled arrival.

The ridership would increase more if it were more reliable, said deSantis, a Framingham resident who works for a wealth management company. They need to get it up to 90-95 percent on time in order for more people to come on board, especially in these times.

The problem is that MBTA has little control over its trains because CSX owns the track in that corridor and the freight trains often interfere with the passenger service.

A new development could bring a welcome improvement in service for commuters, the story continues: MBTA may be close to signing an agreement with CSX to buy their track. For years, the sticky issue holding up the deal has been the issue of liability.

CSX, which even after a sale would continue to use the tracks, has maintained that the MBTA would have to assume liability in the case of an accident between one of its freight trains and a commuter train, regardless of its cause. CSX officials say thats the industry standard.

For a long time, CSX held firm to their position and no agreement for the sale could be reached. Then, in March 2008, the story continues, the question of liability came to the fore when a freight train came loose from a lumber yard and rolled into the path of an MBTA commuter train in Canton, leaving about 100 injured. CSX was blamed for the crash.

After that incident, US Representative James McGovern, along with a group of other legislators, asked the Government Accountability Office (GAO) to look into the liability question. The taxpayers of the state cant be liable for everything, especially in a case of gross negligence, McGovern said in an interview last month.

The report refuted CSXs claim that it is standard for the commuter agency to assume liability no matter which side is at fault in the case of an accident. The report also cites a recent federal court opinion finding that it is against public policy for commuter rail agencies, and ultimately taxpayers, to be obliged to cover damages in cases of gross negligence and willful misconduct by freight companies.

The report, which also recommends requiring federal mediation and changing the law that governs rail lines, is serving as a bargaining chip, according to McGovern.

The Bay State and local officials feel that the liability issue has been resolved and are now hoping for negotiations to proceed quickly so that the $50 million sale can take place. The dispute has not been totally resolved but McGovern said it could be within months. He contends that any agreement should help not only the T but also CSX.

Its an important company, an important economic engine in my congressional district, he said. I want CSX to grow and prosper. I believe in expanded freight rail. My hope is that given the GAO report, CSX will work on a deal thats good for CSX and fair in terms of the taxpayers.

[ Editors note: Two years ago I attended a meeting in Worcester, Massachusetts, where this issue was being discussed. Lt. Governor Tim Murray gave an impassioned speech on the importance of this rail service for both passengers and freight and the local economy, and urged the parties to reach an agreement soon. It is encouraging to learn that a resolution appears to be within reach.]

The Bride and Broom alongside the MBTA commuter train that served as their chapel.

Brides Train Has Flanged Wheels

By Dennis Kirkpatrick
NCI Webmaster

Weddings in the modern world have taken many forms and have run the gamut from themed services in costume to bungee jumping at the I do. This time it was something rail advocates can appreciate  taking the plunge on a moving train.

This is exactly what Scott Miller and Lauren Richie of Massachusetts did this past week, opting to exchange vows in full wedding attire on an MBTA commuter train bound for Boston.

The couple met about five years ago when both were going through the endings of other relationships. Both were daily commuters on the Worcester/Framingham line into Boston, and as any regular rider will tell you, the regulars always board the same coaches, and talk to the same people and camaraderie is developed.

This writer experienced this for several years traveling from Boston to North Billerica on the Lowell line several times a week, though that was mostly the after-work crowd that would tell stories of their long day at the office.

As fate would have it, the happy couple eventually started dating and fell in love. The decision to marry on the train line where they met was a unique choice.

The train was a regularly scheduled commuter service and all passengers including all members of the wedding party had tickets. The bride and groom and their respective parties boarded at different stations and had just 30 minutes between the remaining stations on their journey to conduct the ceremony in a coach set specially aside for the event. After the knot was tied they detrained and walked to the reception at the home of one of their parents.

The entire operation had a rail theme. The invitations looked like tickets and a schedule and the wedding music played on the train was Dont Stop Believin which is about people who meet on a train. The Railroad House Band a bluegrass ensemble played at the reception.

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Other sources of data and statistics I was able to access for Europe also show that in Western Europe (roughly defined as the 15 EU member states during the 1995 - 2004 period) the population travels via automobile or bus on the average of 9400 to 15,000 km per adult annually, varying from region to region and country to country.

Assuming his data for the USA and Canada is correct (which I did not verify, but seems plausible), then people residing in western Europe drive approximately 1/3 to 1/2 as much as people in the USA drive.

In the city of Hannover, Germany (which is fairly representative of many mid-sized German cities) automobile ownership per person is 25% to 35% less per capita than in similar-sized American cities such as Portland OR or Denver CO.

This also suggests that trips by automobile per person are also about 30% less than in similar-sized cities in the USA, thus again implying that the readers statement is correct.

Photo submissions are welcome. NCI is always interested in images that demonstrate the positive aspects of rail, transit, intermodalism, transportation-oriented development, and current newsworthy events associated with our mission. Please contact the webmasterin advance of sending large images so we can recommend attachment by e-mail or grant direct file transfer protocols (FTP) access depending on size. Descriptive text which includes location and something about the content of the image is required. We will credit the photographer and offer a return link to your web site or e-mail address.

In an effort to expand the on-line experience at the National Corridors Initiative web site, we have added a page featuring links to other transportation initiative sites. We hope to provide links to those cities or states that are working on rail transportation initiatives  state DOTs, legislators, government offices, and transportation organizations or professionals  as well as some links for travelers, enthusiasts, and hobbyists. If you have a favorite link, please send the web address (URL) to our webmaster.

Destination Freedom is partially funded by the Surdna Foundation, and other contributors.